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HomeMy WebLinkAbout8-19-10 BA Minutes*MINUTES* BOARD OF ADJUSTMENT August 19, 2010 City Hall, 801 Main Street A Special Meeting of the Board of Adjustment was held on August 19, 2010 and called to order at 3:00 p.m. with the following members present: Chairman Dana Timaeus Board Member Bob Harris Board Member Mary Jowers Alternate Member Christy Amuny Alternate Member Christopher Plaunty Board Members absent: Vice -Chairman Pat Avery Board Member Joey Hilliard Alternate Member Kelli Maness Also present: Steve Richardson, Planning Manager; Adina Ward, Planner; Jill Cole, Recording Secretary; Tyrone Cooper, City Attorney APPROVAL OF MINUTES Board Member Harris made a motion to approve the minutes of the Regular Meeting held July 1, 2010. Board Member Jowers seconded the motion. Motion to approve carried 5:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 611-BA: Request for a variance to the minimum rear yard building setback from 25' to 5' 211 . Location: 690 20" Street Applicant: James Griffin Mr. Richardson presented the staff report. In April, 2010, James Griffin applied for a building permit to demolish 5 feet of an existing two story garage that was 1.14 feet from the rear property line and also located within a 10' wide utility easement and then renovate the remaining portion of the garage. A building permit was granted. The garage was built many years ago. Once Mr. Griffin proceeded with the construction, he found that the foundation was bad and there l was extensive termite damage. He tore the entire building down and started to build anew two story structure. Once the existing garage was torn down, the current required setbacks must be met and BOARD OF ADJUSTMENT August 19, 2010 the building must be moved outside the easement. To remain 5' into the easement with the new structure, he applied for a license to encroach but was denied that option by several utility companies and the City. Mr. Griffin therefore removed the structure out of the easement. However, he would like to build up to the edge of the 10' easement. The new building would line up with the existing driveway that has been in use for many years. Mr. Griffin states that to reduce the structure to meet the 25' building setback would narrow the garage so much that it would be impossible to build a new two story garage where the original two story garage sat. Normally, a one story accessory structure can be located within 2.5' from the side and rear yards or as close easements will allow. The fact that the structure is two stories requires that the building sit 25' from the rear property line. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Twenty-eight notices were mailed to property owners within 200 feet. Three responses in favor and five in opposition were returned. Slides of the subject property were shown. Chairman Timaeus opened the public hearing and asked for the applicant's comments. Jim Griffin, the applicant, addressed the Board and distributed packets of information. Chairman Timaeus asked for comments in favor or in opposition. Drew Montgomery, 775 19"' Street, addressed the Board in favor of the request. Randy Kura, 580 21' Street, addressed the Board. Todd Benton, 695 19' Street, addressed the Board in opposition to the request. Chairman Timaeus closed the public hearing. Discussion followed between Board members. Board Member Harris made a motion to approve a request for a variance to the minimum rear yard building setback from 25' to 5' 2" at 690 20" Street as requested in File 611-BA. Board Member Jowers seconded the motion. Motion to approve carried 5:0. 2 BOARD OF ADJUSTMENT August 19, 2010 OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:50 P.M.